State panel recommends judge's firing for drunken driving, antics that 'undermined trust' in justice system

Judge Leticia Astacio (pictured) has 30 days to appeal the commission’s ruling to the Court of Appeals before she is formally removed. (WHAM-TV/Facebook)

ALBANY - An upstate judge with a history of boozy behavior and misconduct is on the verge of losing her job.

The State Commission on Judicial Conduct has recommended that Rochester City Court Judge Leticia D. Astacio be removed from office after a series of incidents — including a stint in jail for driving while intoxicated — that "undermined trust" in the justice system.

Advertisement

Astacio had already been stripped of all her judicial duties by state court officials and earlier this month was suspended by the state's highest court after she was arrested for trying to buy a gun while on probation.

"Nobody — including a judge — is above the law," Commission Chairman Joseph Belluck said in a statement. "This unanimous decision from the commission sends a strong message that driving under the influence of alcohol is a serious offense, and that the penalties for judges who drink and drive will be severe."

Astacio has 30 days to appeal the commission's ruling to the Court of Appeals before she is formally removed. Her attorney, Robert Julian, said Tuesday they are still reviewing the commission's ruling.

Astacio, who had served on City Court since 2015, was convicted of drunken driving in August 2016 after she was found in her damaged car on the side of the road and tried to escape arrest by invoking her judicial office. She also used profane language in dealing with the responding officers.

After being sentenced to a one-year conditional discharge, Astacio, within a few months, violated the terms of her sentence by attempting to start her car while testing positive for alcohol on the ignition interlock device.

In May 2017, she failed to provide a court-ordered alcohol test and appear in court as ordered. Instead, she was on a trip to Thailand. She was sentenced to 60 days in jail and three years' probation.

Commission officials also found Astacio guilty of misconduct while on the bench by failing to disqualify herself from the arraignment of a former client and making "discourteous, insensitive and undignified comments."

In one instance, she told a sheriff's deputy that he should "Tase," "shoot" or "punch" a disruptive defendant "in the face."

In another instance, Astacio laughed when a defense attorney in a sexual abuse case said the alleged victim had "buyer's remorse" and she later said the comment was "freakin' hilarious" even while acknowledging that the prosecutor was offended.

"Faith in the courts requires all judges to respect and comply with the law, to preside fairly and without even the appearance of bias, and to obey court orders when they themselves are litigants," Commission Administrator Robert Tembeckjian said. "Regrettably, Judge Astacio failed to uphold each of these principles."